Do you have an ongoing dispute in your community scheme that still isn't resolved? Have you thought about approaching the Ombudsman? If so, here is an outline of the resolution process if you wish to register a dispute.
Step 1: New Application
The first step of the dispute resolution process includes receipt, registration and acknowledgement of a new application. All new applications must be captured on the Application for Dispute Resolution Form.
The Application for Dispute Resolution Form must be completed in full and all relevant information pertaining to the application must be recorded accurately to eliminate any ambiguity.
Step 2: Assessment
Once registered, the application will be assessed to determine validity.
There are grounds for which an application may be rejected by the CSOS for example:
Where there is no internal dispute resolution mechanism in a community scheme, applicants are entitled to approach the CSOS directly.
Once it has been established that an application is valid and that the dispute is capable of being amicably resolved, the application will be set down for conciliation.
Step 3: Conciliation
At the conciliation stage, applications are categorised into:
All parties to a dispute participate in a conciliation hearing which is chaired by the CSOS Conciliator who is there to assist the parties in finding a resolution.
If the matter is not resolved, the conciliator will issue a Notice of Non-Resolution and Referral to Adjudication.
Step 4: Investigation and Adjudication
Matters that are referred for adjudication will be subject to a thorough investigation prior to presentation at the adjudication hearing.
The investigation process may include inter alia:
At the adjudication hearing the Adjudicator will consider all the evidence presented and will hand down a determination which is binding on all parties to the dispute.
Adjudicator orders are enforceable in the Magistrate Court or High Court depending on the quantum or nature of relief granted in the determination.